Constructive Discharge Essays and Research Papers

Instructions for Constructive Discharge College Essay Examples

Title: Directions MANAGING OPERATIONS Introduction Many argue influential pieces legislation passed date Civil Rights Act 1964 Title VII act prohibits employment discrimination basis race color religion sex national origin

  • Total Pages: 3
  • Words: 1111
  • Sources:4
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: Directions

MANAGING OPERATIONS


Introduction:

Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected.

Scenario:

During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company?s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday.

In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to the employee?s claim.

Task:

Prepare a memo for the CEO in which you summarize your findings by doing the following:

A. Explain how constructive discharge as a legal concept is relevant to the scenario.

B. Discuss areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario.

C. Recommend how the company should respond to the employee?s charge of constructive discharge.
1. Include "three" legal references support your recommendation.
2. Recommend steps to avoid legal issues around Title VII of the Civil Rights Act of 1964.

D. When you use sources, include all in-text citations and references in APA format.

Structure: Employment & Legal Issues

Structure: MEMO (template online)

Constructive discharge as a legal concept; address the following:
? Definition
? Explanation
? Relevancy to scenario

Title VII of the Civil Rights Act of 1964; address the following:
? Definition
? Explanation of protected categories
? Protected category relevant to scenario

Company response to EEOC to charge of constructive discharge; address the following:
? Explanation of the reasonable person test
? Response options / alternatives
? Selected response inclusive of justifying reason
? Selected response inclusive of three (3) supporting, legal references
? Recommended steps to avoid Title VII issues going forward
o Explanation of each step
o Inclusive of all protected categories

Sources
1-2 pages
Each in-text citation must have an accompanying reference on sources page
APA format

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References

Cathy, B. (2010). The Employment Litigation Handbook. New York: American Bar Association.

Berger, B. (Oct 14th, 2001). Constructive discharge' a hard case to prove. Retrieved February

18th 2014 from http://www.bizjournals.com/denver/stories/2001/10/15/smallb4.html?page=all

Bradley Arant BC. (July 1st, 2004). Supreme Court Clarifies Constructive Discharge in Title VII

Harassment Cases. Retrieved February 18th, 2014 from http://www.babc.com/supreme-court-clarifies-constructive-discharge-in-title-vii-harassment-cases-07-01-2004/#.UwKcMSenwhA

Kaplin, W., & Barbara, L. (2006). The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making, Volume 1. New York: John Wiley & Sons. New York: John Wiley & Sons

Robert, P. (March 22nd, 2002). Constructive discharge: when quitting constitutes illegal termination. Retrieved February 18th from http://www.freepatentsonline.com/article/Review-Business/87211790.html

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Title: MBA Human Resources

  • Total Pages: 5
  • Words: 1597
  • References:5
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Overview: During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday
A. Constructive Discharge
1. Explain how constructive discharge as a legal concept is relevant to the scenario. Provide a logical explanation, with sufficient support, of how constructive discharge as a legal concept is relevant to the scenario.

B. Title VII
Discuss a protected category, under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario. Provide a logical discussion, with sufficient detail, of a protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario.

C. Company Response
Recommend how the company should respond to the employee’s charge of constructive discharge.
C1. Discuss how the three chosen legal references support your recommendation. Provide a logical discussion, with sufficient detail, of how the 3 legal references the candidate chose support the candidate’s recommendation. Note: Legal references may include laws, amendments, or case law. Note all sources.


C2. Discuss steps the company could take to avoid future legal issues related to Title VII of the Civil Rights Act of 1964. Provide a logical discussion, with sufficient detail, about steps the company could take to avoid future legal issues related to Title VII of the Civil Rights Act of 1964.


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References:

References

American Law Institute-American Bar Association Committee on Continuing Professional Education (1988). Advanced employment law and litigation: ALI-ABA course of study materials. Philadelphia, Pa. (4025 Chestnut St.: American Law Institute-American Bar Association, Committee on Continuing Professional Education.

FindLaw (2003, January 24). GOLDMEIER v. ALLSTATE INSURANCE COMPANY, No. 01-3888., July 24, 2003 - U.S. 6th Circuit | FindLaw. Retrieved from http://caselaw.findlaw.com/us-6th-circuit/1483827.html

Labor & Employment Law Practice Group (2007, November 5). SIXTH CIRCUIT COURT DENIES EMPLOYEE'S RELIGIOUS ACCOMODATION AND DISCRIMINATION CLAIMS. Retrieved from http://www.plunkettcooney.com/publications-145.pdf

Lawson v. State of Washington (2002, April 10). Liebert Cassidy Whitmore | Court Concludes There Was No Constructive Discharge Due to Religious Beliefs. Retrieved from http://www.lcwlegal.com/64942

Neal, J. (2013). Creating enlightened organizations: Four gateways to spirit at work. Basingstoke: Palgrave Macmillan.

Neal, J. (2013). Handbook of Faith and Spirituality in the Workplace: Emerging Research and Practice. New York, NY: Springer.

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Title: JDT Task 1 Graduate Level Human Resources Management Directions SUBDOMAIN 329 4 MANAGING OPERATIONS Competency 329 4 6 Government Regulation The graduate analyzes applicable legal regulatory requirements determine organizations meet legal responsibilities act social responsibility

  • Total Pages: 5
  • Words: 1568
  • Works Cited:4
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: JDT Task 1 - Graduate Level - Human Resources Management

Directions

SUBDOMAIN 329.4 - MANAGING OPERATIONS

Competency 329.4.6: Government Regulation - The graduate analyzes applicable legal and regulatory requirements to determine whether organizations meet legal responsibilities and act with social responsibility.
________________________________________
Introduction:

Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected.

Scenario:

During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company?s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday.

In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to the employee?s claim.

Task:

Prepare a memo for the CEO in which you summarize your findings by doing the following:

A. Explain how constructive discharge as a legal concept is relevant to the scenario.

B. Discuss areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario.

C. Recommend how the company should respond to the employee?s charge of constructive discharge.
1. Include three legal references support your recommendation.
2. Recommend steps to avoid legal issues around Title VII of the Civil Rights Act of 1964.

D. When you use sources, include all in-text citations and references in APA format.

Note: When bulleted points are present in the task prompt, the level of detail or support called for in the rubric refers to those bulleted points.

Note: For definitions of terms commonly used in the rubric, see the Rubric Terms web link included in the Evaluation Procedures section.

Note: When using sources to support ideas and elements in a paper or project, the submission MUST include APA formatted in-text citations with a corresponding reference list for any direct quotes or paraphrasing. It is not necessary to list sources that were consulted if they have not been quoted or paraphrased in the text of the paper or project.

Note: No more than a combined total of 30% of a submission can be directly quoted or closely paraphrased from sources, even if cited correctly. For tips on using APA style, please refer to the APA Handout web link included in the General Instructions section.

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BIBLIOGRAPHY

Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from http://business.laws.com/sexual-harassment/civil-rights-act-of-1964

EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity

Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/statutes/titlevi.cfm

-. Religious discrimination. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/types/religion.cfm

- 2008). EEOC compliance manual. Section 12, Religious Discrimination.

Retrieved on March 8, 2014 from http://www.eeoc.gov/policy/docs/religion.html#_Toc203359508

Employee Issues (2014). Religious discrimination examples. Employee Issues:

Employee Issues.com. Retrieved on February 18, 2014 from http://employeeissues.com/religion_discrimination_2.htm

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Title: Title VII of Civil Right Act 1964

  • Total Pages: 7
  • Words: 2155
  • Bibliography:4
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Please follow this outline, and use as many quotation from this list as possible. However, it does not mean you can use out side source (MAX 4, NO WIKI).
Use case only to help further and clearer explanation of the Law. Remember, the essay is about the LAW not the Case. Case is only HELP. Case max 1.5 pg. For case use this format: Fact, Legal Question, Rule- Law, Response, Reasoning, Public Policy, and Business Recommendation

Title VII of Civil Right Act 1964

Introduction
Title VII of Civil Right Act 1964 is a federal law that “prohibit job discrimination against employees, applicants, and union member on the basis of rase, color, national origin, religion, and gender at any stage of employment” (Cross
493).
The protection have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees- http://www.hrhero.com/topics/title7.html
Title VII prohibits workplace harassment and discrimination with fifteen or employees (Cross 493).
However, “The United States Supreme Court has not ruled that an employer with fewer than fifteen employees is not automatically shielded from a lawsuit filed under Title VII” (Cross 493).
Agency - EEOC
The Equal Employment Opportunity Commission (EEOC) responsible for enforcing Title VII - http://www.eeoc.gov/eeoc/index.cfm
A victim must first file a claim with the EEOC before a lawsuit can be brought against the employer- Cross 493
EEOC could file suit against the employer in the employee’s behalf - Cross 494
The EEOC generally only takes “priority case,” such as cases that effect many workers and cases involving retaliatory discharge - Cross 494
If the EEOC decide not to investigate a claim, a victim may bring his or her own lawsuit against the employer- Cross 494
Discrimination based on race, color, and national origin
If an employer’s standards and policies for selecting or promoting employees have a discriminatory effect on employees or job applicant in these protected classes, than a presumption of illegal discrimination aries - Cross 495
Title VII also protect against, reserve discrimination that is discrimination against majority group individuals - Cross 495
Discrimination based on religion
The employer must make a reasonable attempt to accommodate there religious requirements- Cross 495
Employers must reasonably accommodate an employee’s sincerely held religious belief even if the belief is not based on the doctrine of a traditionally recognized religion, such as Christianity or Judaism, or denomination, such Baptist - Cross 495
Discrimination against gender
The pregnancy discrimination act of 1978, which amended Title VII, expanded the definition of gender discrimination to include discrimination based on pregnancy- Cross 496
Equal Payment Act of 1953 prohibit employers from engaging in gender based wage discrimination- Cross 496
Women typically earn about three quarter of what men earn- Cross 496
Constructive discharge and Sexual Harassment
Constructive discharge occurs when the employers causes the employee’s working condition to be so intolerable that reasonable person in the employee’s position would feel compelled to quite - Cross 496
Case
Inclusion




Cross, Frank. B, and Roger LeRoy Miller. “Employment Discrimination.” The Legal Environment of Business. Mason: South- West Cengage Learning, 2009.
493-512. Print



Nb: Hi! this might looks very confusing. I can attach it as doc or email as attachment if its help.

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Works Cited List

American Psychological Association "Harris v. Forklift Inc." 2011.

Accessed 3 December 2011.

< www.apa.org > About APA > Directorates and Programs>

Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011

493-512. Print version taken from Amazon "Books": Look Inside: The Legal Environment of Business. 493-512. Accessed 3 December 2011



You +1'd this publicly. Undo Equal Employment Opportunity Commission (EEOC) Homepage. 2011.

Accessed 2 December 2011.

Cached

Cached - SimilarSexual Harassment Policy and Complaint Procedures. 1-5. Accessed 2 December 2011. < www.co.imperial.ca.us/.../FormsDownloadGuidelinesandDocuments/>

Title VII of the Civil Rights Act of 1964 -- Title VII. 2011. 1-2.

Accessed 2 December 2011.

www.hrhero.com/topics/title7.html

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